OpenLegislation

Regulation 15 Special transitional additionC1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21C22C23C24C25C26C27C28

United Kingdom

(1)

Subject to regulation 16 (persons not entitled to transitional additions), where the amount of a claimant's domestic assistance addition in respect of his first benefit week is £10 or more and is greater than the amount (if any) of the severe disability premium for the purpose of calculating his applicable amount under Part IV of the General Regulations (applicable amounts) F1in his second benefit week, he shall be entitled to a special transitional addition of an amount equal to the difference between his domestic assistance addition and the severe disability premium F2(if any).

(2)

Where a claimant is not entitled to income support or a transitional addition, the amount of a special transitional addition under paragraph (1) to which he is entitled shall be reduced by the amount of any increase in his income F3but not if, and to the extent that, the increase is attributable to the receipt of a training allowance F4or to the receipt of an increase in the weekly rate of child benefit which is attributable to the amendments made by regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Amendment No.2 Regulations 1991.

(3)

Subject to paragraph (4) a claimant shall cease to be entitled to a special transitional addition under paragraph (1) if–

(a)

he ceases to be entitled to income support for a reason other than that his applicable amount under Part IV of the General Regulations (applicable amounts) does not exceed his income; or

(b)

his applicable amount for the purposes of calculating his entitlement to income support falls to be determined under Schedule 4 to, or paragraphs 1 to 4, 13 and 18 of Schedule 7 to, the General Regulations (applicable amounts for persons in residential care and nursing homes or residential accommodation or hospital patients); F5or

(c)

in the case of a claimant who is entitled to income support as well as a transitional addition he ceases to be entitled to income support and a transitional addition for a reason other than that his applicable amount under Part IV of the General Regulations does not exceed his income; or

(d)

in the case of a claimant who is entitled to a transitional addition and a special transitional addition he would not, if he claimed, be entitled to income support for a reason other than that his applicable amount under Part IV of the General Regulations does not exceed his income; or

(e)

he would, but for this sub-paragraph, be entitled only to a special transitional addition and he would not, if he claimed, be entitled to income support for a reason other than that his applicable amount does not exceed his income; or

(f)

the amount of his special transitional addition is reduced to nil by virtue of paragraph (2).

(4)

Where a claimant ceases to be entitled to a special transitional addition–

F6(a)

by virtue of paragraph (3)(a), (c), (d) or (e) he shall be re-entitled to such an addition of the same amount as previously if, F7during the permitted period determined in accordance with regulation 2A (permitted period) beginning with the day after the day on which he ceased to be so entitled, he becomes re-entitled to income support or a transitional addition;

(b)

by virtue of paragraph (3)(b) he shall be re-entitled to such an addition of the same amount as previously if, F8F9during the permitted period determined in accordance with regulation 2A (permitted period) beginning with the day after the day on which his applicable amount fell to be determined under the provisions of the General Regulations referred to in paragraph (3)(b), those provisions ceased to apply to him.

F10(c)

by virtue of paragraph (3)(f) he shall be re-entitled to such an addition of the same amount as previously if F11during the permitted period determined in accordance with regulation 2A (permitted period) beginning with the day after the day on which he ceased to be so entitled the reason for the cessation ceased to apply to him.

Annotations

Textual amendments

F1

Words in reg. 15(1) inserted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 10(a)(i)

F2

Words in reg. 15(1) added (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 10(a)(ii)

F3

Words in reg. 15(2) added (11.4.1988) by The Income Support (Transitional) Amendment No. 2 Regulations 1988 (S.I. 1988/670), regs. 1, 2(3)

F4

Words in reg. 15(2) added (7.10.1991) by The Income Support (Transitional) Amendment Regulations 1991 (S.I. 1991/1600), regs. 1(1), 3

F5

Reg. 15(3)(c)-(f) and preceding word added (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 10(b)

F6

Reg. 15(4)(a) substituted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 10(c)(i)

F7

Words in reg. 15(4)(a) substituted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 4

F8

Words in reg. 15(4)(b) substituted (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 10(c)(ii)

F9

Words in reg. 15(4)(b) substituted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 4

F10

Reg. 15(4)(c) added (11.4.1988) by The Income Support (Transitional) Amendment Regulations 1988 (S.I. 1988/521), regs. 1(1), 10(c)(iii)

F11

Words in reg. 15(4)(c) substituted (9.10.1989) by The Income Support (Transitional) Amendment Regulations 1989 (S.I. 1989/1626), regs. 1(1), 4

Modifications

C1

Reg. 15 sums amended (10.4.1989 coming into force in accordance with art. 1(3)) by The Social Security Benefits Up-rating Order 1989 (S.I. 1989/43), arts. 1(3), 16 (with art. 20)

C2

Reg. 15 sums amended (1.4.1990 for specified purposes, 2.4.1990) by The Social Security Benefits Up-rating Order 1990 (S.I. 1990/320), arts. 1(2)(g), 15

C3

Reg. 15 sums amended (8.4.1991 for specified purposes) by The Social Security Benefits Up-rating Order 1991 (S.I. 1991/503), arts. 1(2)(f), 15

C4

Reg. 15 modified (for specified purposes and with effect in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1994 (S.I. 1994/542), art. 17

C5

Reg. 15 sums amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 1995 (S.I. 1995/559), arts. 1(2)(g), 19

C6

Reg. 15 sums amended (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(g), 17

C7

Reg. 15 modified (with effect in accordance with art. 1(2)(g) of the amending S.I.) by Social Security Benefits Up-rating (No.2) Order 2000 2001 (S.I. 2001/207), arts. 1(2)(g), 17

C8

Reg. 15 modified (for specified purposes and with application in accordance with art. 1(2)(g) of the amending S.I.) by Social Security Benefits Up-rating Order 2002 (S.I. 2002/668), arts. 1(2)(g), 17

C9

Reg. 15 modified (for specified purposes and with effect in accordance with art. 1(2)(g) of the amending S.I.) by Social Security Benefits Up-rating Order 2003 (S.I. 2003/526), arts. 1(2)(g), 18

C10

Reg. 15 sums amended (12.4.2004 art. 1(2)(g)) by Social Security Benefits Up-Rating Order 2004 (S.I. 2004/552), art. 17

C11

Reg. 15 sums amended (11.4.2005 art. 1(2)(h)) by The Social Security Benefits Up-rating Order 2005 (S.I. 2005/522), art. 17

C12

Reg. 15 modified (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by Social Security Benefits Up-rating Order 2006 (S.I. 2006/645), arts. 1(2)(i), 17

C13

Reg. 15 modified (7.3.2007 for specified purposes and ) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 17

C14

Reg. 15 modified (with effect in accordance with art. 1(2)(h) (3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(h), 17

C15

Reg. 15 modified (12.4.2010 coming into force in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), arts. 1(2)(i), 17

C16

Reg. 15 sum amended (9.4.2012 coming into force in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(i), 18

C17

Reg. 15 sums amended (8.4.2013 coming into force in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2013 (S.I. 2013/574), arts. 1(2)(i), 17

C18

Reg. 15 sum amended (7.4.2014 coming into force in accordance with art. 1(2)(f)) by The Social Security Benefits Up-rating Order 2014 (S.I. 2014/516), arts. 1(2)(f), 15

C19

Reg. 15 sum amended (E.W.S.) (6.4.2015 coming into force in accordance with art. 1(2)(f)) by The Social Security Benefits Up-rating Order 2015 (S.I. 2015/457), arts. 1(2)(f), 15

C20

Reg. 15 sums amended (10.4.2017 coming into force in accordance with art. 1(2)(i)) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), art. 21

C21

Reg. 15 sums amended (coming into force in accordance with of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 22

C22

Reg. 15 sums amended (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2019 (S.I. 2019/480), art. 22

C23

Reg. 15 sums amended (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2020 (S.I. 2020/234), art. 22

C24

Reg. 15 sums amended (with effect in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), art. 22

C25

Reg. 15 sums modified (with effect in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2022 (S.I. 2022/292), art. 22

C26

Reg. 15 sums amended (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2023 (S.I. 2023/316), arts. 1(3)(i), 22

C27

Reg. 15 sums amended (coming into force in accordance with art. 1(3)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(h), 21

C28

Reg. 15: sums amended (coming into force in accordance with art. 1(3)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(g), 21